WEB SITE TERMS AND CONDITIONS OF USE
USE OF THIS SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
This web site (the "Site") contains pages and materials made available for download and viewing by CHI/relevant MBO ("CHI Franciscan Health"), by individual members ("Members") of the Site, and by advertisers, sponsors and other content contributors ("Content Contributors"). Portions of the Site authored by CHI Franciscan Health or its authorized agents, contractors, and employees are referred to herein as "CHI Franciscan Health Materials." Portions of the Site authored by Members are referred to herein as "Member Materials." Portions of the Site authored by other Content Contributors are referred to herein as "Third Party Materials."
B. Use of CHI Franciscan Health Materials
All CHI Franciscan Health Materials on the Site are protected by federal and international copyright and trademark laws and are the property of CHI Franciscan Health and/or its affiliates. No portion of the CHI Franciscan Health Materials may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of CHI Franciscan Health.
You may view or download CHI Franciscan Health Materials for your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded CHI Franciscan Health Materials and you shall comply with any applicable end user license agreements. With respect to CHI Franciscan Health Materials, any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by CHI Franciscan Health.
C. Accuracy of CHI Franciscan Health Materials
Although CHI Franciscan Health attempts to ensure the integrity and accuracy of the CHI Franciscan Health Materials, it makes no guarantees whatsoever as to their correctness. It is possible that the CHI Franciscan Health Materials could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to these materials by third parties. In the event that an inaccuracy arises, please inform CHI Franciscan Health so that it can be addressed. Information contained on the Site may be changed or updated without notice.
D. Use of Member Materials and Third Party Materials
All Member Materials and Third Party Materials on the Site are the responsibility of their respective authors, creators, and/or owners. CHI Franciscan Health is not responsible for Member Materials and Third Party Materials, and the views and opinions expressed in Member Materials and Third Party Materials are not necessarily those of CHI Franciscan Health or its affiliates. CHI Franciscan Health will use its best efforts to review Member Materials or Third Party Materials before they are made accessible through the Site. Nevertheless, please be advised that Member Materials and Third Party Materials may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute Member Materials or Third Party Materials may be limited accordingly.
E. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY HYPERLINKED WEB SITES.
NOTHING CONTAINED IN THE SITE IS INTENDED TO BE INSTRUCTIONAL FOR MEDICAL DIAGNOSIS OR TREATMENT
THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE, NOR SHOULD IT BE RELIED ON TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL. IT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. INFORMATION INCLUDED IN THE SITE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE EMBARKING ON A NEW TREATMENT, DIET OR FITNESS PROGRAM. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN THE SITE. THE INFORMATION CONTAINED IN THE SITE IS COMPILED FROM A VARIETY OF SOURCES ("INFORMATION PROVIDERS"). NEITHER CHI Franciscan Health NOR INFORMATION PROVIDERS DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL SERVICES AS PART OF THE SITE. THE SITE MAY CONTAIN HEALTH- OR MEDICAL- RELATED MATERIALS WHICH YOU MAY FIND OFFENSIVE. CHI ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS AND USE OF THE SITE IS AT YOUR OWN RISK.
CHI Franciscan Health
ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, OR ANY HYPERLINKED WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR HYPERLINKED WEB SITES.
F. Trademark Notice
This site includes numerous trademarks and service marks which are the property of CHI Franciscan Health such as "CATHOLIC HEALTH INITIATIVES," "A SPIRIT OF INNOVATION, A LEGACY OF CARE"]. Other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of third parties.
CHI Franciscan Health respects the intellectual property of others and wishes to respond quickly to notices of alleged infringement. CHI Franciscan Health will terminate the access of all Members who infringe the intellectual property rights of others. Likewise, any apparent infringement of CHI Franciscan Health's intellectual property rights by one of its Members will result in the immediate termination of that Member's access to the Site.
If CHI Franciscan Health removes or disables access to Member Materials or Third Party Materials according to these Terms and Conditions, CHI Franciscan Health may, in its discretion, provide the Member or Content Contributor with a copy of the notification which prompted removal or disabled access to the Member Materials or Third Party Materials. However, CHI Franciscan Health reserves the right to withhold access to and/or not replace the Member Materials or Third Party Materials unless ordered to do so by a court or other tribunal of competent jurisdiction.
H. Other Web Sites
CHI Franciscan Health makes no representations whatsoever about any other web site that you may access though this Site. When you access a non-CHI Franciscan Health web site, please understand that it is independent from CHI Franciscan Health, and that CHI Franciscan Health has no control over the content on that web site. In addition, a hyperlink to a non-CHI Franciscan Health web site does not mean that CHI Franciscan Health endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download from that site is free of such items as viruses, worms, trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.
I. Choice of Law and Venue
These Terms and Conditions are entered into in the State where CHI Franciscan Health is located, and shall be governed by and construed in accordance with the laws of that State, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Pierce in the State of Washington, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
J. Entire Agreement
These Terms and Conditions constitute the entire agreement between CHI Franciscan Health and you pertaining to the subject matter hereof. In its sole discretion, CHI Franciscan Health may modify these Terms and Conditions by posting the revised version on this Site.
K. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to CHI Franciscan Health that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If CHI Franciscan Health is informed that you are making a possibly unlawful or prohibited use of the Site, CHI Franciscan Health may unilaterally deny your further access to the Site or any portion thereof.